In re: Association for Retarded Citizens, Monmouth Unit, Inc. and Federation of N.J.A.R.C. Staff, Local 3782

The A.R.C. opened a new building which, according to a memo circulated by the employer, would be smoke-free.  The union grieved the unilateral implementation of the smoking ban as violative of the employer’s obligation to negotiate over terms and conditions of employment.  The employer asserted that smoking is not a term and condition of employment under applicable law.  There had been no prior negotiation with the Federation regarding smoking.  The matter was brought to arbitration. The arbitrator concluded that the Federation did not have a right to negotiate over whether or not smoking should be banned in the new building; thus, the grievance is denied.

NJSFT, AFT, AFL-CIO, 8.2 TPLR 8.4, NJSBM Case No. 90-552 (1993).